HomeMy WebLinkAboutR-87-0403.1J-87-305(a)
3/23/87
RESOLUTION NO. 87-403si
A RESOLUTION AFFIRMING THE DECISION OF THE
ZONING BOARD GRANTING A VARIANCE FROM
ORDINANCE NO. 9500, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, SCHEDULE OF
DISTRICT REGULATIONS, PAGE 4 OF 6, CR
COMMERCIAL RESIDENTIAL (GENERALLY), MINIMUM
OPEN SPACE REQUIREMENTS, MINIMUM OFF STREET
PARKING, TABLE 1 AND ARTICLE 20, SECTIONS
2013, 2017 (SUBSECTION 2017.2) AND 2023
(SUBSECTION 2023.4) TO ALLOW CONSTRUCTION OF
A 57-UNIT LOW TO MODERATE INCOME HOUSING
PROJECT (THROUGH THE EAST LITTLE HAVANA
HOUSING VENTURE), FOR THE PROPERTY LOCATE AT
501 SOUTHWEST 1 STREET, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED HEREIN) PROVIDING
NORTH SIDE YARD OF 23 FEET 10 INCHES (27' 6"
REQUIRED); 0 LOADING STALLS (1 STALL
REQUIRED); 57 OF 63 REQUIRED OFF STREET
PARKING SPACES, AND PROVIDING 43% COMPACT
PARKING SPACES - 24 SPACES (35% - 20 COMPACT
PARKING SPACES ALLOWED) SUBJECT TO A REVIEW
BY THE ZONING BOARD ONE (1)YEAR AFTER
ISSUANCE OF THE CERTIFICATE OF OCCUPANCY;
ZONED CR-3/7 COMMERCIAL RESIDENTIAL
(GENERAL). THIS VARIANCE APPLICATION HAS A
TIME LIMITATION OF TWELVE (12) MONTHS IN
WHICH A BUILDING PERMIT MUST BE OBTAINED.
WHEREAS, the Miami Zoning Board at its meeting of
March 2, 1987, Item No. 71 following an advertised hearing,
adopted Resolution No. ZB 34-87, by a nine to zero (9 - 0) vote
granting a variance from Ordinance 9500, as amended, the Zoning
Ordinance of the City of Miami, as hereinafter set forth; and
WHEREAS, concerned neighbors have taken an appeal to the
City Commission from approval of the variance; and
WHEREAS, the City Commission after careful consideration of
this matter finds that there are peculiar circumstances affecting
this parcel of land and that practical difficulties and
unnecessary hardships exist which would impair the owner's right
to the reasonable use of the property without the grant of
variance as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CAT CODBi�iB$II
MESTiNG OP
APR 80 W?
1
Section 1. The decision of the Miami Zoning Board in this
matter is affirmed and the request for a variance from Ordinance
No. 9500, as amended, the Zoning Ordinance of the City of Miami?
Schedule of District Regulations, Page 4 of 6, CR Commercial
Residential (Generally), Minimum Open Space Requirements, Minimum
Off Street Parking, Table 1 and Article 20, Sections 2013, 2017,
(subsection 2017.2) and 2023 (subsection 2023.4) to allow
construction of a 57-unit low to moderate income housing project
(through the East Little Havana Housing Venture) for the property
located at 501 Southwest 1 Street, also described as Lots 17, 19
and 20 less the south 5 feet and lots 18 less the south 10 feet,
Block 12 South, Miami, Florida, as recorded in Plat Book B at
Page 41 of the Public Records of Dade County, Florida, as per
plans on file, providing a north side yard of 23 feet 10 inches
(2716" required); 0 loading stalls (1 stall required); 57 of 63
required off-street parking spaces; and providing 43% compact
parking spaces - 24 spaces (35% - 20 compact parking spaces
allowed) subject to review by the Zoning Board one (1) year after
the issuance of the certificate of occupancy; zoned CR-3/7
Commercial Residential (General), with a time limitation or
twelve (12) months in which a building permit must be obtained,
is hereby granted.
PASSED AND ADOPTED this 30th day of April , 1987.
ATTEST:
MATTY HIRAI /XAVIER L. SUAREV MA
City Clerk
PREPARED AND APPROVED BY:
G. MIRIAM MAER
Assistant City Attorney
TO FORM AND CORRECTNESS:
LUCIA A. DO90
City Attorney
GMM/rcl/M382
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO. Miriam Maer, Esq.
Assistant City Attorney
4 4 .
FROM Sy is Lowma
Ch of Deputy Clerk
DATE: May 19, 1987 FILE:
SUBJECT: R-87-403 and R-87-403.1
passed April 30, 1987
REFERENCES:
ENCLOSURES.
This will confirm our telephone conversation of this date whereby
you advised me that the resolutions which correctly reflect the
action of the City Commission on April 30, 1987 in connection
with items PZ-8 and PZ-9 are identified with the following number
i
on the upper left hand side of the document:
PZ-8 _ J-87-307(a)
r
PZ-9 = J-87-305(a)
Item PZ-8 was an appeal by neighbors of v review of the Zoning
Board's decision to grant the variance to allow construction of a
57-unit low to moderate income housing project at 542 S.W. 1
Street.
Item PZ-9 was an appeal by neighbors to review the Zoning Board's
decision to grant the variance to allow construction of a 57-unit
low to moderate income housing project at 501 S.W. 1 Street.
Thank you very much for your continued cooperation.
cc: The Honorable Mayor Xavier L. Suarez
Gloria Fox, Division Chief, Hearing Boards
87-403, f
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PZ-9
ZONING FACT SHEET
LOCATION/LEGAL 501 SW 1 Street --
Lots 17, 19 and 20 less the S 5'
and Lot 18 less the S 10'
Block 12 South
MIAMI (6-41) P.R.O.C.
APPLICANT/OWNER East Little Havana Community
Development Corporation
c/o Maria Elena Prio, President
1699 Coral Way, Suite 512
Miami, Florida 3314S
ZONING CR-3/7 Commercial Residential (General)
REQUEST Variance from Ordinance 95000 as amended, the
Zoning Ordinance of the City of Miami, Schedule
of District Regulations, Page 4 of 6, CR
Commercial Residential (Generally), Minimum Open
Space Requirements, Minimum Offstreet Parking,
Table 1 and Article 209 Sections 2013, 2017
(Subsection 2017.2) and 2023 (Subsection 2023.4)
to allow construction of a 57-unit low to
moderate income housing project (through the
East Little Havana Housing Venture) on above
site, as per plans on file, providing a north
side yard of 23' 100 (27160 required); 0 loading
stalls (i stall required); 57 of 63 required
off-street parking spaces; and providing 43t
compact parking spaces - 24 spaces (35% . 20
compact parking spaces allowed).
RECOMMENDATIONS
PLANNING DEPARTMENT DENIAL. There is no hardship to justify the
req-uested variances. The required north side
yard should be provided according to the
building spacing formula this is a corner lot.
There is no justification for eliminating the
required loading space. The Planning
Department's observation has been that this
could causm a potential for use of adjacent
streets or blocking of parking aisles by trucks.
The required six (6) off-street parking spaces
should be provided for the protection of the
adjacent area. The increase in the number of
allowed compact spaces could also be
detrimental; drivers with regular site cars
would probably park in front of adjacent
properties.
A solution for the loading stall and the parking
shortage could be arrived at by redesigning the
project; by going half level underground for a
parking structure in order to accommodate
required parking and leave enough space on the
surface for the loading stall, and therefore,the
project would probably not necessitate anymore than.
the last three (3) variance requests.
i
PUBLIC WORKS
DADE COUNTY PUBLIC
WORKS
ZONING BOARD
APPEAL
Even though the proposed low to moderate income
housing project would improve existing
conditions in the area, variances requests
should be denied especially since this is new
construction and a reasonable project could be
designed for this site to satisfy all zoning
requirements.
If the Zoning Board were to approve the
requested variances, the Department would like
to impose the condition of landscape plan review
by Planning Department.
Denial. The Department is concerned with the
request for a variance to eliminate 6 required
off-street parking spaces and the required off-
street loading space. The parking and loading
space shortage will result in vehicles from this
project parking in the street in front of other
properties in the area.
Require the dedication of the south 5' of Lots
17, 19 A 20 and a 251' radius return at the
intersection of SW i Street and SW 5 Avenue.
Recommend against variance for off-street
parking.
The Zoning Board, at its meeting of March 2, 1987,
adopted Resolution ZB 34-879 by a 9 to 0 vote,
granting the above request with a time limitation
of twelve (12) months in which a building permit
must be obtained.
Eight proponents were present at this meeting.
Letter of appeal dated March 169 1987, signed
by neighbors was received.
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ZB 3/2/87 AS 36 -
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4 501 SW 1 Street
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187 MAR 16 ,A10 32
March 16, 1987
Hearing Board
275 N.W. 2nd Street
Room 226
Miami, Florida 33128
Gentlemen:
We as property owners in the area would like to
appeal to the City Commission the decision made March 2
on the property at 542 S.W. 1st Street and 501 S.W. 1st
Street. Our objection is not to the construction but
we feel that the parking is inadequate. Southwest 1st
Street is a major artery into the downtown area.
Sincerely,
Sallye G. Jude
Dolly MacIntyre
SGJ/llp
305/667-3233
wlr ZE l'IlNjjl r'. �i.R r. •:
1987 HAR
March 13, 1987
Miami City Commission
City Hall
3500 Pan American Drive
Miami, Florida 33133
Gentlemen:
We wish to request an appeal on the residential pro-
ject in the 500 block of S. W. First Street, a project of
the East Little Havana Community Development Corp. and
Design Management Investments of Miami.
We feel it will be a negative impact on the area
where we are property owners. You may contact us at either
324-8494 or 667-3233.
Thank you for your consideration.
Sincerely,
•v
Sallye Jude an
Dolly Maclntyre
SGJ/llp
K
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PETITION FOR VARIANCE
V)TY . •.. .
INN �1%
187 111IR -2 P5 :06
File Number V-83-
A variance is relaxation of the terms of the ordinance where such action wiU not be
contrary to the public interest and where, owing to conditions peculiar to the
property and not the result of actions of the applicant, literal enforcement of this
ordinance would result in unnecessary, and undue hardship on the property. As used in
this ordinance, a variance is authorized only for height, area, size of structure,
dimensions of yards and other open spaces and offstreet varl+ng or loading
requirements. (Section 3101)
1� Maria Elena Frio* hereby petition the City of Miami Zoning
Board for a variance from the teams of We "Zoning Ordinance of the City of Miami;
affecting property located at 5b1-29 S. w 1st Street Miami, as
specified below. —"
In support of this application, the following material is submitted with this application:
1. Two copies of a survey of the property prepared by a State of Florida Registered
Land Surveyor.
2.
Four copies of: the site plan showing (as required) property boundaries, existing
-
(if any) and proposed structure(s), parking, landscaping, etc, building elevations
and dimensions and eoinputations of lot area (gross cnd net), building spacing, LUI
ratios, and height envelope.
3.
Affidavits disclosing ownership of property covered by application and disclosure
—�
of interest form (Forms 4-83 and 4a83, attach to application).
4.
Certified list of owners of real estare within 375' radius from the outside
—�
boundaries of property covered by this application. (Form 6-83 and attach to
application.)
— S.
At least two photographs that show the entire property (land onJ improvements).
6.
Other (specify)
7.
•5,713.32
Fee of to apply toward the cost of processing, based of the following:
(a) RS, RC-1 $100.00
(b) For penetration of Plane III
by antennas and the like $300.00
(c) All other applications for
-
each request variance $0.03 per s .ft. of floor area of building(s)
from the ordinance minimum-q$300.00
(d) Surcharge equal to applicable fee from (a)-(c) above, not to exceed $500.00;
to by refunded if there is no appeal. (City Code - Section 62-611
*President of East Little Havana C munity Development Corporation,
a Florida not -for -profit corporation 7
1
6
A.
8. The Variance requested Is for relief from the provisions of Section of
the City of Miami Zoning Ordinance as follows:
sEL ATrxlfuw hA
9. In support of this application, the applicant is prepared to offer the follo-ving
evidence, on the point enumerated at Subsection 3103.1 of the City of Miami
Zoning Ordinance:
Note: This application cannot be accepted for Zoning Board action unless all of the
following sit items are completed.
(a) Special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same zoning district in that: (list evidence to
be produced and use additional sheets, if necessary.)
This is a low to moderate incase housing project, and, in
order to physicaly fit the number of units which East Little
Havana Conmunity Development Corporation ("CDC"), as a partner
in the general partnership known as East Little Havana Housing
Venture, has committed to the City of Miami that would be build
to these minor setback and parking variances are required.
The projected residents of this proposed project will be
low to moderate income individuals, some of whom will be
elderly, with characteristics different from those of others in
the district, such as a lesser number of automobiles.
W . The -special --conditions and circumstances do not result from the actions of
the petitioner in that:
The City of Miami mandated a minimum number of units to be
constructed in this land, and the parcels of land in the
general area identified by the City of Miami for construction
of this project were the parcels which were most feasible for
the undertaking.
I t
(c) Literal interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights commonly enjoyed by other properties In the some
zoning district under the terms of the zoning ordinance and would work
unnecessary and undue hardships on the petitioner In that:
Applicant would not be able to build the requisite number
of housing units to provide low and moderate income housing, as
required by the City of Miami, due to higher construction costs
(e.g., a parking deck, would be necessary to provide the number
of spaces required by a literal interpretation of the zoning
ordinance).* The variances requested will allow the
construction of 114 unites whereas, without such variances, it
would be impossible to construct said units and would deprive
low to moderate income families of such residential facilities.
(d) Granting the variance requested will not confer on the petitioner any special
privilege that is denied by the Zoning Ordinance to other lands, buildings, or
structures in the some zoning district in that:
Other developments in same district do not have a
commitment to build the City of Miami mandated number of units
and make them available to the low and moderate income
families. Further, petitioner's requests only involve minor
parking and setback changes that, under petitioner's set of
circumstances in this project, which is under the auspices.of
the City of Miami, would be in all likelihood granted to other
simlarly situated applicants.
(e) The variance, if granted, is the minimum variance that will make possible the
reasonable use of the land, building, or structure in that:
The requisite Apartments units will be available to the low
and moderate income families, at a cost which will make this
project affordable to the number of families required by the
City of Miami.
s
0
W The grant of the variance will be in harmony with the general intent on,
purpose of the Zoning Ordinance, and will not be injurious to th,
neighborhood, or otherwise detrimental to the public welfare.
This project will greatly enhance the quality of life of the neighborhood
use (a) it will be a new, modern facility housing families who may not otherwise
have housing, and (b) it is consistent with the desire of the City of Miami to provide
affordable housing for low and moderate inane families.
Note: All documents, reports, studies, exhibits or other written or graphic material to b
submitted to the Zoning Board shall be submitted with this application.
Signature L4
owner or Authorize Agent
STATE OF FLORIDA) SS:
COUNTY OF DADE )
Name Maria Elena Prio _
Address MAW way
Miami., Florida
I, Maria Elena Prio
being duly sworn, deposes anc
says that he is the(Owner) (Authorized Agent o ' wner) of the real property described it
answer to question flit above; that he has read the foregoing answers and that the some are
true and complete; and (if acting as agent for owner) that he has authority to execute thh
petition on behalf of the owner.
SWORN TO AND SUBSCRIBED
before me this .L I day of
-— .1981.
MY COMMISSION EXPIRES:
f
WTART PURIC STATE OF MOTU
P 'Vmt$SICN [It JULT.16.199Q
610 Wo Ing 6ENENAL INS. M.
Form 1-83
%pis I:IL�✓ -'���� (SEAL)
(Name)
otAry Public, Mate at lorid at Large
•
•
6
Zoned CR-3/7
ATTACHMENT "A"
Variance from Schedule of District Regulations Section 2013
Side yard required by formula: 27'-6"
Side yard provided by formula::.23'-10"
Variance to eliminate one loading stall as required by
Section 2023.4
i
Required: One
Provided: None
Variance from Schedule of District Regulations, minimum
off -strut parking Table 1:
Parking -Spaces required: 63
Parking Spaces provided: 57
Variance From Section 2017.2, off-street parking
compact cars:
Maximum Ratio of Compact Spaces Allowed:, 3
Ratio of Compact Shares Provided: 4
0274E
c
V J1 : i J iN
V.
r
AFFIDAVIT
STATE of F,oaton) �
SS.
ODUNTY OF UAUE )
Before me, the undersigned authority, this day personally
appeared i, .Maria Elena Frio. , who being by we first duly sworn,
upon oath, deposes and says: -
1. Thaffi he is the owner, or the legal representative of the
owner, submitting the accompanying application for a public hearing as
required by Ordinance No. 9500 of the Code of the City of Miami, Florida,
effecting the real property located in the City of Miami as described and
Listed on the pages attached to this affidavit and mtade a part thereof.
2. That all owners which" he represents, if any, have given their
full and complete permission for him to act in their behalf for the change
or modification of a classification or regulation of zoning as set out in
the accompanying petition.
3. That the pages attached hereto and made a part of this
affidavit contain the current names, mailing addresses, phone numbers and
legal descriptions for the real property which ne is the owner or legal
representative.
4. The facts -as represented in the application and documents
submitted in conjunction with this affidavit are true and correct.
Further Affiant sayeth not.
! ✓�e� : ll.Rr���.A(S�EAL;
(Name)
Sworn to and Subscribed before me
this �� day of '`'?� 19 97
IN"JI-i ' "o
._
My Commission Expires:
NOTARY PuILIC SYAIE or fL0410A
N7 CONNISSION Exp JULY 16,1060
IWO INNU 6E1ENAL in. UNO..
.
SIXF11BIT "An
Got•
17
less
'the South
5. feet 1-.hereof, and. bot
1tf
lens
the
South lU feet
LhereoC, and Lots 19
aml
20
less
t•he Swith
5 feet: Lbereof, all in
I3luck 12-.S,
of SOUTH,
CITY OF MIAMI, according
to
the
Plat•
thereof., an recorded In Plat Hook D
at
Page 41
of• the
Pv Aic Records of. Dade
County,
Florida.
tiuL
No.
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OWNER'S LIST
Owner's ' flame Fast Havana Camunity Develo m*,
llailino Address 1699 Coral. Way, Suite 512, Miami, Florida
Telephone Number 856-2547
Legal Description:
• 501-29 S. W. 1st Street, Lots .1,7 through 20, Block S, Plat
Book B Page 41 of the Public Records of Dade County, Florida.
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Owner's Name
Mailing Address
Telephone Number
Legal Description:
Any other real estate property owned individually, jointly, or severally
(by corporation, partnership or privately) within 375' of the subject
site is listed as follows:
Street Address
533-44 S. W. 1st Street
Miami, Florida 3
Street Address
Street Address
Legal Description
Lots 5 through 8 Blcok 17, South
Plat Book b Page 41 of the Public
Records of Dade County, Florida.
Legal Description
Legal Description
8�7-�4Q3{ ►.
DISCLOSURE OF CA*IEFSHIP
1. Legal description and street address of subject real property:
501-29 S. W. 1st Street. Miami, Florida# See Ediibit "A".
2. Owner(s) of subject real property and percentage of ownership.
Notes City of Miami Ordinance No. 9419 requires disclosure of all parties
Having a financial interest, either direct or indirect, in the subject
matter of a presentation, request or petition to the City Commission.
Accordingly, question 12 requires disclosure of all shareholders of
corporations, beneficiaries of trusts, and/or any other interested parties,
together with their addresses and proportionate interest.
100% Ownership
East Little Havana Camnunity Development, a Florida not -for -profit corporation
1699 Coral Way, Suite 512, Miami, Florida 33145
See Exhibit "B" for list of Directors and Officers (there are no shareholders)
3. Legal description and street address of any real property (a)
owned by any party listed in answer to question #2, and (b) located within
375 feet of the subject real property.
East Little Havana Ccmmmity Development Corporation
534-44 S. W. lst Street
Miami, Florida
Lots 5 through 8, Block 175, Miami. South B/41
OWNER OR ATMINEY FOR OWER
STATE OF FLORIDA ) SS:
C00 = OF DADE )
I, Maria Elena Prio
being duly sworn, deposes and
says Sat he is the vner) Attorney Toi Owner) of the real property
described in answer to question ill, above: that he has read the foregoing
answers and that the same are true and complete; and (if acting as attorney
for owner) that he has authority to execute this Disclosure of Ownership
form on behalf of the owner.
SWW TO AND ABED
before me this
'day of
MY COM[KISSEN QSPIFES:
NOTARY PUNLI6 STATE OF FLONIOA
N1, :ONI1[$$IGN (XP JUL♦ 16,1990
NONbEO TNAU fA KIAL INS. UNO.
tt (SEAL)
Dame
(over) 87-'403isia.
9
1
s
STATE OF FWR= ) SS:
C=W OF DADS
*President of East Little Havana Cam mity Develop M
Corporation
I► Maria -Elena Prio , being duly swum, deposes and
says that Fre is Um day appo tea of
the owner of the real property disdribed In answer to quest on , abovel
that he has read the foregoing answers= that the same are true and com-
plete= and that he has the authority to execute this Disclosure of Owner-
ship form on behalf bf the owner.
0
SWIRN TO AND SUBSCRIBED
before me this -tot,
day o , 198.7.
MY C0414ISSIQ' EXPIRES:
NOTARY PUNLIC STATE OF FLORIDA
Nr CONNISSION EIIP JULY 14.1290
IONOED TNRU GENERAL INS. UND.
atM KX/ab/G25
(SEAL)
(Name)
EXHIBIT "B"
BOARD OF DIRECTORS AND OFFICERS OF EAST LITTLE
HAVANA COMMUNITY DEVELOPMENT CORPORATION
1.
Maria Elena Prio-President
Z.
Frank Paredes-Vice-President/Treasurer
3.
Pedro Gonzales -Secretary
4.
Pedro Gomez
5.
Miriam Roman
6.
Jesselyn Brown
7.
Florentino Almeida
8.
Ernesto Capote
9.
Raul Rodriguez